DAVID J. DUPONT, PETITIONER,
v.
THE HONORABLE STEWART HERSHEY, JUDGE, ETC., RESPONDENT
DAVID J. DUPONT, PETITIONER,
THE HONORABLE STEWART HERSHEY, JUDGE, ETC., RESPONDENT
576 So. 2d 442
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
This petition for writ of prohibition is dismissed for lack of jurisdiction. The petition requests this court to prohibit the county court from exercising jurisdiction in appellant’s criminal trial. Extraordinary writ jurisdiction follows appellate jurisdiction. See State ex rel. Florida Real Estate Commission v. Anderson, 164 So. 2d 265 (Fla. 2d DCA 1964). Since the circuit court has jurisdiction of appeals from the county court, a writ of prohibition against the county court must be addressed to the circuit court. See State ex rel. Brewer v. Pettie, 294 So. 2d 120 (Fla. 4th DCA 1974).
ANSTEAD, GUNTHER and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Resolution Tr. Corp. v. Mayor & City Comm'n OF the City OF S. Miami, 633 So. 2d 1119 (Fla. 1st DCA 1994)…See Fla.Stat. §§ 163.-3164(20); 163.3189(2)(a). Pursuant to section 120.68(2), the order could be appealed either to this court or to the Third District. As extraordinary writ jurisdiction generally follows appellate jurisdiction, Dupont v. Hershey, 576 So. 2d 442 (Fla. 4th DCA 1991), we find that we have jurisdiction over this prohibition petition. An order to show cause was issued and responses were received from the City of South Miami and the Department of Community Affairs. Respondents argue that the ac…
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Tomasic v. State, 81 So. 3d 564 (Fla. 3d DCA 2012)…So. 2d 422 (Fla. 3d DCA 2007) (holding that jurisdiction of a petition for writ of prohibition directed to the county court lies in the circuit court, appellate division); Clanton v. Mapp, 559 So. 2d 656 (Fla. 3d DCA 1990) (same); Dupont v. Hershey, 576 So. 2d 442 (Fla. 4th DCA 1991) (same). Accordingly, we dismiss the petition without prejudice to petitioner seeking disqualification, if appropriate, in the county court. See Guetzloe v. State, 18 So. 3d 528 (Fla.2009) (table); Harris v. State, 54 So. 3d 497 (…
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Northland Ins. v. S&M Transp. (9th Cir. Ct. App. Div. 2016)…y seeks a writ of prohibition preventing the county court from proceeding in the small claims case S&M Transportation filed against Northland. This Court has jurisdiction. Art. V, § 5(b), Fla. Const.; Fla. R. App. P. 9.030(c)(3); DuPont v. Hershey, 576 So. 2d 442, 443 (Fla. 4th DCA 1991) (holding petition for writ of prohibition directed to county court should have been filed in circuit court, as “circuit court has jurisdiction of appeals from the county court,” and “[e]xtraordinary writ jurisdiction follows…
Authorities Cited
- State of Fla. ex rel. Fla. Real Est. Comm'n v. Honorable Allen C. Anderson, 164 So. 2d 265 (Fla. 2d DCA 1964)
- Dombroski v. Pelicano, 294 So. 2d 120 (Fla. 4th DCA 1974)